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Is the World Trade Organization (WTO) dispute settlement system
(DSS) effective? How exactly is the effectiveness of this
adjudicative system to be defined and measured? Is its
effectiveness all about compliance? If not, what goals, beyond
compliance, is the WTO DSS expected to achieve? Has it fulfilled
these objectives so far, and how can their achievement and the
system's effectiveness be enhanced in the future? Building on a
theoretical model derived from the social sciences, this book lays
down the analytical framework required to answer these questions,
while crafting a revealing insider's account of the WTO DSS-one of
the most important and debated sites of the evolving international
judiciary. Drawing on interviews with WTO adjudicators, WTO
Secretariat staff, ambassadors, trade delegates, and trade lawyers,
the book offers an elaborate analysis of the various goals steering
the DSS's work, the diverse roles it plays, the challenges it
confronts, and the outcomes it produces. Through this insider look
at the WTO DSS and detailed examination of landmark trade disputes,
the book uncovers the oft-hidden dynamics of WTO adjudication and
provides fresh perspective on the DSS's operation and the
undercurrents affecting its effectiveness. Given the pivotal role
the WTO DSS has assumed in the multilateral trading regime since
its inception in 1995 and the systemic pressures it has recently
come to face, this book makes an important contribution towards
understanding and measuring the benefits (as well as the costs)
this adjudicative body generates, while providing valuable insights
into current debates on its reform.
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